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Jose Luis Gutierrez v. State
Citation: Not availableDocket: 04-12-00737-CR
Court: Court of Appeals of Texas; January 22, 2013; Texas; State Appellate Court
Original Court Document: View Document
Jose Luis Gutierrez pled nolo contendere to possession of a controlled substance with intent to deliver, receiving a ten-year prison sentence as part of a plea-bargain agreement. The trial court issued a certification indicating that this was a plea-bargain case and that Gutierrez had no right to appeal, as per Texas Rule of Appellate Procedure 25.2(a)(2). After Gutierrez filed a notice of appeal, the court clerk provided the appeal notice and the certification to the appellate court. In plea-bargain cases, appeals are limited to matters raised in pre-trial motions or those for which the trial court granted permission to appeal. The record did not show any pre-trial motions or court permission for Gutierrez to appeal, confirming the trial court's certification. Consequently, the appellate court warned Gutierrez that it would dismiss the appeal unless an amended certification indicating his right to appeal was provided. No such certification was filed, leading to the dismissal of the appeal per Rule 25.2(d). The opinion concludes with the dismissal of the case without publication.